The court gave the final seven days to the convicts while hearing the petition against Nirbhaya's decision to ban the execution of the convicts. Also, the Delhi High Court has refused to rescind the order of the Patiala House Court. This means that the four convicts will be hanged together. However, the Central and Delhi governments have reached the Supreme Court today against this decision of the High Court. Know which options are left with Nirbhaya convict in these last seven days…
Explain that the hanging of the convicts was banned by the Patiala House Court on 31 January till further orders. Due to this, the hanging of the convicts on 1 February was postponed. The Central Government challenged this decision in the High Court. Patiala House Court on January 17 to hang the four convicts Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) in Tihar Jail at 6 am on February 1. The bar had issued a black warrant.
Earlier, the court had fixed January 22 for hanging on January 7. The counsel for the convicts had argued in the court that the execution should be postponed, as their legal remedies have not been closed yet.
The mercy plea of convict Mukesh and Vinay has been dismissed from the President. Doshi Pawan has the option to file both these petitions. Akshay's mercy petition was filed on 1 February and is pending.
This is the situation of the four convicts
All options of Mukesh Singh and Vinay Sharma abolished.
Only the mercy petition of Akshay Singh is under consideration with the President.
Pawan Gupta has remedial and mercy petition options.
What was the arguments of lawyers in Sunday's special hearing
Mehta: The four convicts are playing with the justice system and are testing the patience of the nation. The actions of the culprits were very disgusting, which shook the conscience of the society, so there hanging cannot be delayed. Such delay will have an inhuman effect on the society as well as the culprits. He said that Pawan Gupta's review petition has been dismissed. He has not yet given a corrective and mercy petition.
Rebecca John: The lower court order cannot be challenged in the High Court. When the convict was told that he cannot challenge the order of the lower court here, for this he was asked to go to the Supreme Court, the same rule should also apply to the Center. The Center was never a party to the lower court during the hearing. Neither the Center nor the Delhi government ever reached the lower court for the death warrant against the four convicts.
Mehta: On behalf of the convict Mukesh said in the lower court that he was considering filing a mercy petition afresh. Whereas a fresh mercy petition can be filed only if it needs to be changed. This shows how fatal the convict's intentions are.
Rebecca John: The mercy petition can be challenged on the basis of new facts in the context of Shatrughan Chauhan's case. The President can give a different judgment based on the facts. The President can also pardon, so we are insisting that everyone is punished simultaneously.
Mehta: In the 1982 Harvansh Singh v. Uttar Pradesh case of the Supreme Court, there was different punishment for the same crime. The convict Jeet Singh did not get the benefit because he was hanged earlier.
Rebecca John: We also do not want the situation in this case that someone gets hanged and someone's sentence changes later. The death penalty cannot be returned after hanging.
AP Singh: Jail rules 836 and 858 give the convicts the right to use their remaining legal options. It is also clear from the Shatrughan Chauhan case that the constitution has not given any set time for hanging. Even after the mercy petition is dismissed, there are still 14 days to hang. Why so hasty in this case only. Haste injustice is like the burial of justice.
Rebecca John: I am barbaric, I have committed a disgusting crime, but I am also entitled to protection under Article 21. Despite being sentenced to death, I have the right to be treated fairly. According to the constitution, a convict standing on the threshold of death has some rights even till his last breath.
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